12 June 2012
Court Cites ‘Intent To Transmit Disease’ & Lack Of Suitable Law To Slap Section
TIMES NEWS NETWORK
New Delhi: In a first–of–its kind order, a trial court has decided to try an HIV–positive man for attempt to murder after he allegedly raped his minor stepdaughter, infecting her with the lifethreatening disease.
Additional sessions judge Kamini Lau charged him under Section 307 (attempt to murder) besides rape while noting that the man "intentionally" transmitted the deadly disease, knowing fully well that it is likely to cause the death of his 15–year–old stepdaughter.
Lamenting the lack of a special legislation to deal with such situations, the court said such accused are liable to be prosecuted for the offence of attempt to murder. It also charged him with causing miscarriage of his stepdaughter by giving her medicines.
"Unfortunately, there being no special legislation to deal with such situation of accused transmitting life threatening decease to another person intentionally with knowledge that the same is likely to cause death of that other person, this court is of the opinion that under the given circumstances, such person is also liable to be charged for the offence under section 307 (attempt to murder) of the IPC," it said.
The accused has been charged under sections 376 (rape), 307 (attempt to murder) and 313 (causing miscarriage without woman’s consent) of the IPC.
The court also referred to the medical report of the accused while framing the charges. The report said he is a known HIV–positive case and, at present, his condition is satisfactory and stable.
Besides the stepfather, the court also framed charges of rape against the co-accused — the victim’s boyfriend Ashutosh Maurya – saying he too raped the girl at her house here between April 2011 to August 2011.